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HomeMy WebLinkAbout06/26/1923 Board of Public Works MinutesBoard met in regular session at 9:00 A.M. All members present. r. W.•D: Teeple and Thomas Beaning appeared before the Board and presented ans of the Police and Fire Alarm Station. Same were viewed and referred back for to be checked by the Safety Board. Atty. Hammerschmi.dt appeared representing Clarence Hyde in regard to petition for grade, curb and walk on Greenlawn Avenue. Board discussed this improvement and requested parties to pay for street and alley intersections and extensions. Same placed on file and Atty Hammerschmidt agreed to take this matter up with the petitioners, <.•.....-°,,- This being the date set for the receiving,of bids for the.disposi of City Garbage, Harry Conley being only bidder;'saIa bid was opened and read as follows:- } �k The following plat approved by the City Blanning Commission - June 21st., 1923 was approved by this Board with the following dedication:-- ALWARD's ADDITION. The attached Plat, known as Alward's Addition, is situated in Portage Township, St. Joseph County, Indiana, `and is described as follows: - Beginning at a point in the middle of Crumstown Avenue, distant North 780--j feet and East 363 feet from the Southwest corner of the East half of the Northeast quarter of Section No. 41 in Township No. 37 North Range No. 2 East, at the Southeast corner of land now owned by Joseph'Krill;'thence north on the east boundary of said Krill's Land to the Northeast corner of the same, and from thence still North on the East boundary of lands of J. P. Locke, a total distance of 1318 feet to where intersect the middle of Lincoln Highway; thence South 68°5' east with the middle of said Lincoln Highway 499 feet to a point in range with the west line of Vogt's First Addition to the City of South Bend; thence south on the east line of this tract and west line of said Vogt Addition 916 feet to the middle of said Crumstown Avenue at the Southeast corner of tract; thence south 650 5' West, 506Z feet to the place of beginning; excepting therefrom a school lot containing acre in the Northeast corner of the tract, described as follows:- Beginning at a point in the center of Lincoln Highway, 8 chains and 25 links North 680 Nest of a stone set at the intersection of the center of said Highway and the East line of said Section No. 4; thence south 2 chains and 18 links; thence North 68" West, 2 chains and 89 links; thence North 220 East, 2 chains and 2 links thence South 68° East 2 eblins and 7 links to the place of beginning. The streets and alleys are of the widths shown on the Plat, and are hereby dedicated to the public. SIGNED, FRANCI S L. ALWARD Subscribed and sworn to in my presence this 25th. day of June 1923. CLAIR C. CALAHAN Notary Public 365, Plat of Ralph, C.-'Osba--ne's . Replat of lot 61,65.66 C?bb's Sy27 i.,Di� of Bank Out Lot 30 approved by thc- City Planf.ing Commission un erdate o June sue., 923 was approved by this Board with t}i- foliorving dedication. DED_I CATI ON. The real estate represented on the above and foregoing map, comprises lots 64,65 and 66 as shown on the fecorded Pleat of Cobb's Sub -Division of bank out lots number thirty (30) of the first plat of out lots of the town, now City, of South Bend, platted by the State Bank of Indiana, and is hereby platted under Vile name of Ralph C. OSborne's Replat. The street is dedicated as Osborne's Place, and is thirty and thirty four'hundreths feet (30.34') wide, East and West and extends to the South from the South, line of La Salle Avenue ,one hundred fifty eight (158) feet, all of which is hereby dedicated to the public. Said plat consists of ten (10) lots of the dimensions set out on the annexed map which said dimensions are hereby adopted for said platted land and each separate lot and public place thereof shown thereon, RABPH C. OSBORNE , BERTHA J. OSBORNE State of Indiana ) St. Joseph County SS ' Before me, the undersigned, a Notary Public, in and for said County and State, personally came Ralph C. Osborne and Bertha J. Osborne, husband and wife, on this 19th, day of June, 1923 and acknowledged thtte signatures to the above dedication, for all the pirposes and intendments incident to the dedication and the platting of the lands, described therein. Witness my hand and offical seal this 19th. day of June 1923. ELIZABETH L, SHRINER My Commission expires; June 8th., 1926. Notary Public. Petitions filed and resolution ordered for the spring of 1924. Pavement on Fisher Street from Chapin Street to McPherson Street and to Sample Street. Petition filed and resolution ordered for a 10 inch sewer on Altgeldt Street from a point 30`fl-eet west of Marine Street to alley E. of Miami Street thence north to Ewing Avenue. The following partial estimates were aliowed.and Partial estimate No. 1 for grade, curb and walk on the north side of Donmoyer Avenue from Michigan Street to Fellows Street allowed to J. A. Barnes for the amount of...0.000.00319343.55 Partial estimate No. 1 for the pavement nn Uarroll Street i from Haney Avenue to Indiana Avenue to Williston Constr. Co. at........$1,251.79 Estimated cost of improvement filed -by the City Engineer. Estimated cost of the pavement on alley south of Thomas Street from Chapin Street to Laurel Street filedat ................3,686.00 Estimated cost of cement sidewalk on Ewing Avenue from ichigan Street to St. Joseph Street filed at......................580.00 Estimated cost of the cement sidewalk on Ewing Avenue from Michigan Street to St. Joseph Street at..........................580.00 Communication received from Weiss-Muessel Company in regard to on,hL4o.the impassable endition of West Calvent Street between Main Street and Franklin Street. Same read and placed on file. City Engineer Anderson took up with the Board the matter of Moore and Cole having clause in waiver and petition for sewers on North Shore Drive and other streets approved by the Board Tuesday June 1991923 for taking care of engine3 ing work on said sewers. Board ordered thdsorder of June 19th., 1923 in regard to resolution being prepared rescinded this 26,h, day of June 1923 and -Moore and Cole to be notified to eliminate sa-id clause -from waiver before resolution gill'he adopted. 3fl& Petitions filed as -follows with waivers which were approved by the Board, and resolutions ordered prepared. Petition for sidewalks and curbs on Fellows Street from Ewing Avenue to Altgeldt Avenue, WAIVE=R To The Board of Public Works South Bend, Indiana WHEREAS, the Board of Public Works, of the City of South Bend, Indiana, did on the ------------- -­ day of --------------------------------------------------- 192 ....... adopt a preliminary resolution for the improvement of .... gt!lqws Street from EwiKig__Ay�nue to Altgeldt Aveme with ------------------------------------ ........................ . ..................................... ....-...-----side_ %1kB--and- .. Curb ------------------------------------------------------------------------------------------------- ........ under Improvement Resolution No_ -------------------- in the City of Sputh Bend, Indiana, by con- struction of pavement as shown on the plans, and in accordance with the profiles, detail draw- ings and specifications on file in the office of the Department of Public Works.' AND WHEREAS, we, the undersigned, are the only persons owning property on the said. street to be improved, and that we alone are affected in any way by said proposed improvements. That we'are the sole owners of the separate parcels of land bordering upon said street pro- posed to.be improved. THEREFORE, in consideration that said Board of Public Works proceed to improve said ------------------------------------- ------------------------------------------------------ ------------------------------------------ .----------------------------------------------------------------------------------------------------------------------------------------------------------------------- as proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections on and in defense to any defect in said proceed- ings, and to any violation in procedure for the construction of pavements as fixed by Section 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no noticep were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for doing said work in the following manner: That they shall notify by mail responsible contractors in the City of South Bend, Indi- ana, of said work to be done under said resolution, and that they shall receive bids from said con- tractors for doing of said work and they shall let the contract for the doing of the said work to the lowest responsible bidder. And we waive any objection to the action of said Board in let- ting said contract in a form and manner other than provided by law. We further consent that the cost of doing said work shall be assessed against the differ- ent parcels of real estate owned by us as provided by Sections 8710, 8710a, 8711, 8712, 8713, 8714, 8715, 8716, 8717, 8718, 8719, 8720, 8721, and all acts and laws amendatory thereof or sup- plemental thereto. We further agree that notice given by mail shall be sufficient notice of the hearing upon. the assessment made for said improvement. Given under our hands on the day and year first above mentioned. ----------- - ----- ----------------- ------------ W111T.001M__&__KELLLM ----- BUIL D-I.NG __COMP ANY ...... ------------------------------------------------------------------ BY F. W. KELLER9 President. --------------------------------- ---------------------------------------------------------- ........................ ------------- . ..................................... APPROVED ....... --------- ------------ ------------------------------- ------------------------------------------------------------------------ - -------------------------- BOARD OF*,PUBLIC WORKS Pre -silent. L., -B. _.SLAUGHTER Tr 36T, TTuesda une 26th.9, 1923- .a ins Petition received f6a sidewalks and`eurbs on Carroll Street from Erring Avenue to Altgeldt Street, ,Same approved_ i.d following waiver.' WAIVER,. To The Board of Public Works. South Bend, Indiana WHEREAS, the'Board of Public Works, of -the City of South Bend, Indiana, did on the ` ------- --- ---- day of ............... ---.---.-----._ ----- --_ 192.. ..... adopt a preliminary resolution for the improvement of .......... Carr.oll._atir,e-e.-._frQM..Ewi-ng --- Air -&name- to- Al­tg&1-d-6--&t,re-et---with sidewalks and cur ------------------------------------- ?----------.....------.-•-------------...----------------------------------- .....-------------------- under Improvement Resolution No- -------------------- in the City of South Bend, Indiana, by con- struction of pavement as shown on the plans, and in accordance with the profiles, detail draw- ings and specifications on file in the office of the Department of Public Works. AND WHEREAS, we, the undersigned, are the only persons owning property on the said street to be improved, and that we alone are affected in any way by said proposed improvements. That we are the sole owners of the separate parcels of land bordering upon said street pro- posed to be improved. - THEREFORE, in consideration that said Board of Public Works proceed to improve said -. Caxr_Q 7.1:. S axe e.t ...................... ........................................................ "-------------------- as proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections on and in defense to any defect in said proceed- ings,: and to any violation in procedure for the construction of pavements as fixed by Section 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board. We also consent that said Board shall proceed to let the contract for doing said work in i the following manner That they shall notify by mail responsible contractors in the City of South Bendjndi- ana, of said; work to be done under said resolution, and that they shall receive bids from said eon - tractors for doing of said work and they shall let the contract for the doing of the said work to the lowest responsible bidder. L And we waive any objection to the action of said Board in let- ting said contract in a form and manner other than provided by law. .We further consent that the cost of doing said work shall be assessed against the differ- ent parcels of real estate owned by us as provided by Sections 8710, 8710a, 8711, 8712, 8713, _ 8714,, 8715, 8716, 8717, 8718, 8719, 8720, 8721, and all acts and laws amendatory thereof or sup- plemental thereto. We further agree;,,that notice given by mail shall be sufficient notice of the hearing''upon - the assessm4it made for said improvement. Given.:under our hands on the day and year first above mentioned. Witcomb & Keller building_ Company ----------- ----- ------------------ By F. W. Keller P. Vie. s i dgn1, • - ------------------ --- .4YE------------------------------------------------"-----------------...--------------------------------..-------- ------------------ JUn 26,1923, ` ---------------- •BAR AR;D_OL PITBLI-C-XORKu...... By--L,--B--- Sl&ug-lat4r-,--- Pre&lde�n- -- -- ................................................................ ------ ----------------_.. ...--------- ....----------- i--- ..... ...-------------....................................................... .............. RM Tuesday June 26th., 1923. Continued. Petition filed for sidewalks and curbs an Sti. Joseph Street, from Ewing Avenue to Altgeldt Street. Same approved and waiver approved as follows: — WAIVER To The Board of Public Works South Bend, Indiana WHEREAS, the Board of Public Works, of the City of South Bend, Indiana, did on the ------------- ---- day of --------------------------------------------------- 192....... adopt a preliminary resolution for the improvement of ...._.... S:..._Jo s pPj..Street from Eying Avenue , to Al ,geldi► --------- d10M!ks..and._curb under Improvement Resolution No . .................... in the City of South Bend, Indiana, by con- struction of pavement as shown on the plans, and in accordance with the profiles, detail draw- ings and specifications on file in the office of the Department of Public Works. AND WHEREAS, we, the undersigned, are the only persons owning property on the said street to be improved, and that we alone are affected in any way by said proposed. improvements. That we are the sole owners of the separate parcels of land bordering upon said street pro- posed to be improved. THEREFORE, in consideration that said Board of Public Works proceed to improve said - Si,._..Joseph Street, ------------------•---------------------------------------------------------------------------•-----------------=--- as proposed in said resolution, and for the further purpose of saving time and expense, we, the undersigned, do hereby waive all objections on and in defense to any defect in- said proceed- ings, and to any violation in procedure for the construction of pavements as fixed by Section . 8710 of Burn's Revised Statutes of 1914. We further waive any right to object to the form of said resolution. We further waive any and all objections to the fact that no advertisement for hearing has been published as required by law, and that no notices were mailed to the owners of property and that no hearing was held by said Board.' We also consent that said Board shall proceed to let the contract for doing said work in the following manner: That they shall notify by mail responsible contractors in the City of South Bend, Indi- ana, of said work to be done under said' resolution, and that they shall receive bids from said con- tractors for doing of said work and they shall let the contract- for the doing of the said work to the lowest responsible bidder. And we waive any objection to the action of said Board in let- ting said contract in a` form and manner other than provided by law. We further consent that the cost of doing said work shall be assessed against the differ- ent parcels of re4l estate owned by us as provided by Sections 8710, 8710a, 8711, 8712, 8713, 8714, 8715, 87161 8717, 8718, 8719, 8720, 8721, and all acts and laws amendatory thereof .or sup- plemental thereto. We further agree ,that notice given by mail shall be sufficient notice of the hearing upon the assessment pade for said improvement. Given under our hands on the day and year first above mentioned. E -----VTT' 'COMB KELLER y � �- Re 1 ]. a--- ----------------- ------------------ ----------------------------------- Pres-i deni�..- -------------------- ------------------------------ APPROVED June 26,1923-. •---------------------------------------------Bearr4--of'-- Rubll-c-__Woxks ----------- -------------------------------- -------------------- by L. Slaughters President, s .....--•--------•--•------•------- ---------------------------------------- -----------------------•-----1 ................ ------------------- - .---- ------------ --•--- - - - I --------•--------------------- ------------- - th.. 1 . Continued. 36-9-' Excavation bond for the sum of One Thousand Dollars .,.of William Henry Bollinger was approved by the Board. Excavation bond of Schuyler U. ,Ackerman for the sum of One Thousand Dollars approved, Excavation 'bond for the sum of One thousand Dolla°rs signed by Isaac W. Staples approved. The.foilowl ng communication received from C. N. Wilcoxen President of the Chicago, South Bend & Lake Shore Ry. Co. June 25th., 1923. Mr. L, B. Slaughter,.President. Board of Public Works South Bend, Indiana. Dear Sir I beg to acknowledge receipt of your letter of the 19th, with reference to the paving of Sadie and Huey Street which cross our track at Orange Street. Your letter has been referred to our General Superintendent , with instru� tions to put in good and substantital crossings when the streets are paved. Yours very truly, C. N. WILCOXF.N �NV`J-MJN. President. .FILED JUN 26,1923. Bo%*d of Public Works, By L. B Slaughter, President. Communication received from The Acme Red Cedar Chest, Company in regard to property on W. La Salle Avenue. Same read and placed on rile. ~ Inspector Thos. H. Beaning reported on request for red light in front of Mrs. Briekts residence on W. washington Avenue as follows: - A red light would not stop the automobile from -running Into the fence, It is not necessary to place a red light at this place. Thos. H. Beaning. APPROVED July 3,1923, BOARD OF PUBLIC WORKS nBy L. B. Slaughter President. W. D. Teeple was authorized to prepare 8 �Ho C-9 fI�cTgjg js� sBoard for a bu lding to house fire alarm and police alarm appara as be bu t n o on E. Wayne Street, occupied in part bYCentral Fire Station, and to receive as com- pensation for preparing plans, and blaa prints, the sum of two hundred (1200.00) Dollars. Further he is tbo=-superintend construction of the building as part of his duiby in the Engineer's office witho•.)t additionfLl pay therefor. The following certificate of damages was approved and referred ot,o the City Controller. CERTIFICATE OF DAMAGES $1,500.00 This is to certify that, Louis E. Kovach and Joseph Kish, Jr. interested as owners of E. 68 ft. of lot 6 and 11 in Kembie's Additdon to the Town of My Myler to the City of South Bend, has been awarded damages in excess of benefits assessed in the sum of Fifteen hundred ($1,500.00) Dollars 3633,00 by assessment and $867:00 by Court order # 7672 on>acconnt of the condemnation of land for the relocation of Catalpa Avenue and Chapin Street adopted by the Board of Public Works on the llth. day of October 1922 and recorded in Record No. 10 Page 499. The payment of the amount set forth is and shall be in ftll settlement and satisfactdoSt of any and all claims whatsoever dne or to become due to the said Louis E. Kovach and Joseph Kish on account of said Condemnatin This certifeate entitles the said Louis E. Kovach and Jospph Kish -or presentation to the department of finance of the City of South Bend, Indiana, to a warrant on the Treasurer if said City for the sum of Fifteen Hundred ($10500.00) Dollars. Petition received for a lateral 10 �DP-�90YHq #lt,geldt A Board of Public Works of the City of South Bend, INdiana. 9 Petition received for a lateral 10 inch sewer on Altgeldt Street, from a point 30 feet crest of Marine Street zRA 1,0 alley E. of Miami - - Street, thence north to Ewing Avenue. Resolution ordered. STREET OR AIaLEY IMPROVEMENT RESOLUTION NO. 1228 - Be it Resolved by the.Board of Public Works of the City of South Bend, Sty Joseph County, State of Indiana, that it, is desired and deemed necessary io improve Sunnyside Avenue from Washington Avenue to La Salle Avenue as follows, topwit:, Said avenue shall be graded and the roadway thereof shall b be.paved, also the roadway of certain portions of the streets and alleys which enter or intersect said street shall be graded and paved. The paving material to be used in making said improvement shall be Sheet asphalt, bit,ulithic, asphaltic concrete , brick or Portland cement cement concrete pavement seven (7) inches thick, and the foundation shall be portland cement concrete six (6) inches thick for the sheet asphalt, bitulithic,. asphaltic aonarete and brick, or rolled gravel six (6) inches thick for the brick, also cement curb shall be constructed along said avenue where same is necessary and not already constructed, manholes, storm water inlets and conduits shall be constructed where necessary, all manhole tops and storm water inlets shall be set to the proper grade-, cement marginal curb shall t)e constructed at all street and alley intersections where necessary, all as is more particularly shown and all in accordance with the plans, profiles, detail drawings and specifications on file in the Office of the Department of Public Works of the City of South Bend, Indiana. - The coat of the imprbvernent herein provided. for, except street and allW t A 1W amew assessment to be levied upop the property specially benetitted, to the 9=0URt thR the ilk@ M ally assessed therefor, in accordance with an Act of the General Asseably of the State of Indian% entttl !'An Act Concerning Municipal Corporations," approved March S. 1905, aad 3m rdanA* VM &M #W§V&&f *0'0e provisions of all act$ amenet�tory and supplemental thereto, , The cost of all street and allay intersections, Inc!g o .a half of the width Of the i' it C: 'a- illts Street and alleys which run into, but do not ei s c 3 re _1 -ay herein pro-.csed to be La,Aa e9 3 ftz%t. portion of such street or alley abutting u_--a r- .cy t,'_n-- -,ng to s id City, or upon property not L:n,jmt tot such acw' sme�it, shall be paid by the City in (,3 :1 eIt of er9l f+jrd, if able to do so,, or from a fdud ors - aced -by a special assessment to be "ecl n der the of S-?ction 108 of the above entitled Act. Ac::cssrlents of ten dollars and more r• -Ins.t c--ch lot, if dsfeii,ed, are to be paid in ten equal auuutsl it¢ IftIlments, �-th interest at the rate of Sig per coat per au-num. A bond orbonds will be,issugd tv th© cua- tractor to the amount of such deferred a_c-== -" t= is pro rates payment for such improvement. tt'f &v no elrcu nst�nces shall the city of South $,-1d ti, or be hall rspa-�,ibl�sfm auy ajiq4 o`Z-ama4-as bvu-mid property owner or o :ruates for said, cork, or for the coll,:ctlo* Of Ella; same or lot the vaylaeat, of auf l cud, bonds, certYlf!ate, or c i' (.,t a ,S t:ed to said c . °t<actor in pa_vntent 'Tor sp'�cb OM exwpt for aaek vioneys as shall have actually be2r1 i ) 1 by tR City fiom tt+e, for Hoch Q' suck VA04ey" as said City is by :-aid and suppl3rae-d , thcireto required to pat, A , *ma ent:4 a had, and work o,� 1 it tr ) .-.,.��l01'3 i.d ji�Ya� r1 tJrtin�c�id " titledof eActs arid* Act* 'ssaraatla' snte;lt� and issuance of bo ris th<�i•atoi-, sr.�,. '+ �., _ AQvy $fiereot ansf 8up21p n�nl� f 7:ir�i0, � oLFED, 'i'li at the 13u3rd Of Y 1 � f d vs-� ! ,i1 i I) lath. a r 1 � esi F2 R RE A n ,9 z•t + e hoar of f' r'ti'o n , • tz�Q fur f`© �"; 11C t r!t�il Af i.lFi )t 1 ' t At '/ 2 Works, of this city, ss the tt e d pl_ ] es � .t � , wd(l Rood of Public Forks v" 1 3r all YC s i=Y ¢ i •,i _ -; . j`;,3 t,) 3 Y,, - :.i i3llarog�nlsnt, and will decide t��pe filer the c ,t _L 3 t13 �r9 1,,,,- _14 .Will squal the esti'*'eted co9t eof- ;,t •� Sri BE IT R'EiI'r3Eit F ' ZD, T',at notice Or the t o d :+ j of . 3 Pr y r t';.3 ofi..a' - t r f - i ifs - 11shed and mailed in the ): er ovid d b lawn N s . _ nd on the.. �t}}.day ef. ° tJixl3f - �`� ,}.:ilfi 3,s�.} CAT of . • ° .--0 , >. � - June 192. LAUGHTER BOARD OF PUBLI C WORKS. Attested- c Veronica C. Sweeney Clerk of the Board. L. B. S L. P. HARDY ALBERT F. HONER The following resolution was -adpted:_ COPY FF CONDEMNATION RESOLUTION NO. 75,1923. Resolved by the Board of Public Works of the City of South Bend, .Indiana: That the following described property be appropriated for the use of said 1 City:- The west 33-gl feet of lot No. 8 A. H. Cushing's Addition. The following described property may be injuriously or beneficiall y affected by such appropriation: - Beginning at the intersection of the center line of flak Street and La Porte Avenue; thence northeast, and east along the center line of Oak Street to the alley east of Allen Street, thence north along the center line of the alley east of Allen Street and said alley extended north to Portage Avenue; thence northwesterly along Portage Avenue to the Chicago, Indiana and Suthern Railway; thence southerly along said railway to the alley west of Cleveland Avenue extended nort north; thence south along said alley to Lincoln Way West; thence easterly along Lincoln Way West to the alley west of Cleveland Avenue; thence southerly along the alley west of Cleveland Avenue to La Porte Avenue; thence southeasterly along La Porte Avenue to the place of beginning. The purpose of such appropriation is to"widen Blaine Avenue from Notice of this resolution shall be published on the 28th. day. of June 1923 and on the 5th. day of July 1923 in the South Bend'Daily Tribune and News Times. This Board, at its office in the City Hall on the 15th. day of August 1923 at 7:15 P.M. will hear and receive remonstrances from*all persons in- terested in and affected by these proceedings. Adopted this 26th. day of June 1923. L. B. SLAUGHTER BOARD OF PUBLIC WORKS. A P. HARDY ALBERT F. HONER Attest: - Veronica C. Sweeney � Clerk of the Board. The following bond and contracts approved:- r Public Improvement CAnttad a33I5 T,, Made Ahd entered into 141. 2 �...;...} 18......, by as botV064 The Will st ; ot ire �ou�nty...-.z.�-. 5 .. Joseph .....and State of. • ...,. M rl f $e`� •<�"� �e g � era �f �-�r }� ere�ia�►f er referred to as the ` Contractor") , aij.rl th@ 81t; @9 Bouth 14@ d# i Qa=+,y of St. Joseph, and State of Indiana, by, h,10 thropo A@ &A-Vd'of VA1 16 ommimarter referred to as the "City") , id" 4114 by, �fi-Aue @f aft A@t o . 7 off" the St#lte of India . Blie � `�1! 1�if#� .am, s s approe ed March df 3905, rind all ame da or Witnesseth, that the contractor covenants and agrees to construct brick pavement on gravel base with asphalt tiller, on Huey street from Washington Street to Linden Avenue in the City of South\Bend, Indiana at anfov the follow- ing prices:- 166 lin. ft. of curbing periin i'�.......................50 8 new inlets, each...•................................12.50 8 inlets- r8sel,, _ each....... 3.00 3 manholes covers, reset each ......................... 3.00 220 lin• ft. of 8" pipe per lin ft..,,..•............. 1.00 539 c:u• yds. of grading per cu. yd..................... 1.00 112 marginal curb (per lin ft. ) .40 1967 sq. yds. of Brick pavement, on gravel base, with asphalt filler per sq. yd..................•. 2.70 June 26th., 1 Continued.,,--,,,. a u to periorin all work in the prosecution nt said rnpfovernen% vznder and according to the terms and ditions of Imprbvewent Resol±ttion No. ..-U46.--_---_.ffi;adopted by the Boar(I of Public. Works_ ARril__4_=,,19� and the, plans, profile and. specifications on'file'-i #lie oce of thi Department of Public Works, which.. said resolutfon,µp*s, profile anal specifications are made a part hereof as fully and effectuallyas if copied anti set out he�eiit at full length. tae 'contractor further expressly covenants and agrees that in the prosecution of said work all proper skill aril be exercised; th-1 he ~?1 ;;•roe"y- p _.`^ t all excavations and dangerous places, an.tl grill use all :due and proper preca,ition,tc ?r T Inju.ry to _ry person or p ^'r , that in the 'event of ,any injury or &mage resulting from .the v*;` i- r. g"1*1 frrm '.v r fitter or th ng onr_ect-d therewith or arising therefrom, to an person or property, he =11 spay �r,� t'e id -ate the sa ne at his own expense, and as- sume the liability therefor; and in the event of any c'a._rn or claims being m=zde or any action or actions b� ,g - $rought against the city by reason or on account of or gro . -i=_fig ^tit of s ,d w— — or its construction dn, s ,;._l contractor will at his own expense defend the 'same, and vrill pay any judgment recovered therein. and wi", it all respects fully indemnify and save harmless said city, its officers, agents or representatives from all cost, I xpense, payment or judgment recovered in connection with such claim or claims, action or actions. An.l 'i within'ten days after any such action is begun, the city shall notify4h_2 contra&or of tree pendencv then ^+. thin any judgment rendered against the city shall be conclusive against the contractor and against the surer, on his constriction bond, as to th- amo:tnt, liability and other.matters pertairi"g thereto.- Ynd ibe coricras :air abet,,& LL, A, i . ai:: said ir.. ro �i.�eiit a: , 1_,u�.e such repairs as ;r1av be nece$Sar � d by the sl.i Q&"tioR and to secure the �t� tei��n�� end �� ��r.1=1? q Off )t+d Tjuhlic orb a band Fw th soi e t stt 410M *04 i11 *AA w%Q i € d- by the� g ep k the cmtmctor a �t aht4ty his " t ,q ��d j� i 1� In doiss such,re r work f #attxe 14bility to the city- and arty other persons for vqty ii tlqy 6r dawko� �lil� po"cyan or, oxppa fffY M 04 Na 4 In4twer and to the same extent as is fi i in this Iest fie dil Il IFS it Afktioi1 work, *14 It is fUrth4r agreed by and.betweeri said part es that the at. ceptahee �f the �0 fbAdod �B th lb nnfw-tt or the payment thereof, shall. not constitute a waiver' on the art of the e�l 0n b t � ��#s oill of ON contmet, per shall it release said contractor or the sureties 6 his bdid f o� t�e is thful pet dfffk aiwo tiwreof; not shall the acceptance be prima facie evidence of the perfortflsttne of ltjt pro itihll blk lj l witrym.t except to the extent of entitling the contractor to the contract price theref 1t, The C011t1'ac r a recta to pa,y for all labor and materials used or futtilshed fto be UN e 1 ilha of IVA lttWOV0tttent an in the performance of this contract, Whether done of f tfilshed- f h t"t elf his .d�� I€i(tleEii e1ICcesaor or subcontractor and t to city'may reserve out of stY ill in GVO of the contractor or 1— assigns, t3 �#t�e ltidde � rif �I _ assi s or out of the aniotrrit due him car fillt essl It . t the lit ff l of the work, ao muct..Eas ma ,.cessary to pay all laborers or mSteriar murs;� g#:rft ttf tfe the fti ' 4040 materials used or tarnished to be used in the perfbrtrante df this eontraet #"I the *414 w0rkt and the. cQu- my treasurer, acting as city treasurer, rovemcnt to ma � retal" money Ow#fiefs 1k%"%s@d fc►r sold Uu P guts such debts or until t G cortracicir ssow$ that tf! by &A -C CO.. a to rerno, all ru' ail: e 1 th. Pn , � A d s !t ' t a' d s_ se-• �.:sr ?h� streets 4t° sldet tier}$ upon the completion of the improvement clr the' puirng thereof. The work of making such improvement shall be corup#cted ae��;rdln to the tires e€ 4h#� nt -40 op before the _ _dav of _ ----__ - - - - -- -- --- - - unless the time for the com lotion of the sa:--e shall be ee-- , =_ � . ,end it is agreed that any such extension of tirn�. or 3n nded in wr�ti g by the 13pard of lPttblle yi�erlcs, y alterat os of this eontraet or of the manner or meth- Od of doing such work shall in no way affect the duties, obligations or liabilities of the eontrastox or his sure- ties. < It is agreed that th.: contractor shall not assign this cr;r tract. or sub -let the work of any part thereof to be done her�t�nder, without the writ,- en ,:or nt of the Beard of Public Works. It is further agreed and stipulated than tqe contractor shall give to residents of said city and county preference 'in the employment of all labor necessary in the, Performance of this contract, and failing to do so, shall forfeit to the city the sum of ten dollars- for each. failure to ol�serye this stiptiiation. And upon the performance of all the terms and conditions of this eontrae-t. and things to be done and performed by said contractor the said city menu. agrees to cause the cost of doing such work to he assessed, col- lected and paid to said contractor in the manner fixed by the statute 9d4exrxiug the making of such improves To each of the conditions and stipulations of this contract, including all and singular the provisions and terms of the plans, profile,. specifications and resolution aforesaid, the undcrsigned binds himself or itself, wed tits roipective successor or assigns of such parties, In Testimony Whereof, We, the foregoing na6med-parties, hereunt set, our hands this 20th. day of June 1923, CITY OF SOUTH BEND, INDIANA. BY L. B. SLAUGHTER L. P. HARDY ALBERT F. HOIrTER Its Board of Public Works WILLISTON CONSTRUCTION COMPANY BY E. A. COATES, President. Contractor, MNSTRUC 3 iON BOND Know ell men by ffi,� mitts. .That we.. The Williston Construction Co. *t the County of St- Jfl�s ph ___, State of Indiana at pr{fi@- IM4 and al Ube Tndemnity Co. 4 dle� county and State of ..L der P at surddeit-sid held A;dcr firtzrlyt bduhd 16 the'City'df -SobfW Bend, Indiana, in the sum of. �ha>rid'ta-litidrd -eigh--------- - .-----,�®11�� �# 3,20a1 Alf i Y .f•fr .�.........- for the piiy`nieaf of which,' *elf arid" frily'tp be made, we jointly and severally bird ottradvee, oat fit sitecntbi% iLftihSttatdrVand'atsign*s, firmly by these preseats. ` i13.iston Construction ht- eondidt*s of the ig.Kiox are such that if thy► above name . ...... Cnimpany 373, Tuesday June 26t,h., 1923. continued,-.",. �....__......._.�.__ .._...__.._..._----------------- shelf faithfully comply with the foregoing contract, made and entered into the.____.__2a'Lh---- __-------- ____....... . day of.._ ............�����,4��.....„ .............. with the -City 'oi South Ser_d, lndianp and shall fulfill alFthc, conditions and stipulations therein contained, according to the true intent ar_d mear_.rg th- -eof, in all rest, -ts, th.en this ;obligation to be void, otherwise to be and remain in full force and virtu: m aw. In t''e evt- the said City shall extend the time for the completion of said work, such extension shall not in any way release the sureties on this bond. This shall be a construction bond, and the sure' -:es on the same shall not be held responsible for the maintenance and repair of the improvement after it has been accepted by the second party, but such sureties shall be held responsible for the fait'-{ul compliance with all other conditions, stipulatiobs and requirements dibvered by or set out in she contract. WITNESS our hands and seals this_._.___..22 -..--..day ,---------- g� ,..._...___(SEAL) Williston Construction Com AL), BY WM. HAPP, Attorney s BY F.. A. COATES; Prei Si . AW The above bond approved this_- 2611 day r L.• P. HARDY ALBERT F. HONER Board of. Public Mork& Public Improvement Contraet q!,.ijo AaWJWJ g UM@ and entered int6 t1'f3.fi.. s 4 J ; _L&#Lf # s e s ��..... by and. between �, - .'? �y ' The White Construction Co. 1fttilft�.is�.�•••••.•••elld State oL.e.t...s.ltttl,fttt!-:t{ttlPIZVS-t'sI dirge & *Qftrr®d to as the "Contractor , andt th@ My ®9 Us � . Jtgaph, and State off' Indiana, by th.rto #@ A of F 11"_ ta .m&ftrted to as the � = City, ,) ,, l! And VI Of UfAvA c"-the State of Indiana, entitled I' Ads d 48 ,� p1eoved March 5, 1945, and all " Wit,nesseth, that the contractor covenants and agrees to construct, sheet asphalt pavement, using Mexican As#halt, on Kosciuszko Street from Division Street to Ford Street in the City of South Bend, Indiana it and for the folio $ng prices: - Curbing per lin ft.................................50 Cement walk per sq. .20 2 new'inlehs each.................................13.00 10 inlets reset, each ..... ........... 1000.6­4*660 3.00 3 manholes covers reset each ....................... 3.00 88 lin, ft. of 8' pipe per lin ft.................0 1.00 1303 cu. yds, of grading per cu. yd................ 1.00 112 lin. ft. of marginal curb per lin f t......... .40 4950--sq. _yds.. of_sheet asphalt pavement, using Mexican asphalt per sq. yd................... 2.64 pest try perform all work in the prosecution of said improvement under and according to the terse, and con-- difions of Tinprovement Resolntl6n. No.adopted by the Board of Public warks. April 4 1923. and the plans, profile amd specifications on file in the o4I'ice of the Department of Public Works. which Bai' - -'resolution, plans; profile a6d specifications are made a part hereof as fully &nd effectually as if copied and set out herein at full Iength. The contractor further- expressly covenants and agrem that in the, prosecution of 'said „work all proper Jill and care will be exercised; tht+t he-7.v�1 crone _ � ;, I a` /alI excavations and dangerous places, acid will use all due acid proper precaution to prev ^t inju-N ) rv.�;erson or pron2rty; that in the event 01 any injury or damage resulting from the u� r`._ or resulting from any r after or thing connected, therei#�i or arising the-refr'om, to any person or property, he ­=-;l' n3v aril lie•,:idate the same at his own expense, and ss sume the, liability therefor.; and in the event of any ciaim or claims being madeIor any action or actions beitg 'brotight against the city by reason or ou account of or growing out of s= d work -or its construction, tree said contractor will at his own expense defend the same, and veil pay any judgment recovered therein, and' will in all respects fully ihdemnify and save harmless said city, its officers, agents or representatives from all cost, expense, payment or judgment recovered'in connection with such claim or claims, a,ctign or actions. And if within ten days after. any such action is begun,. the city shall notify the contractor of tEe pendency thereof, then any judgment rendered against the city shall :be conclusive against the contractor and against Cite surety ea his construction bond, as to th- ainount,'liability and other matters pertaining thereto. arm Y.nd the concractor agrees ..a -ain saiu ii. the er od and -in the manner as fixed by -the sn ci.�ca+ions, and iG steaks th t lzdi ie`_1e411GO_ 4 n� rev,4#V to fi e. with the Board: of Public Works a bond with sufficient stitety thereon aid in an Mautit' a� specifications. And in doing such repair work the contractor andgthe attrety on his stttarat.tee bond §Mill tr! subject to the same liability to the city and any other person for any injury or damage to ftn.y per.A or pto; ; erty in the same manner and to the same extent as is fixed in the last preceding paragraph Coveting the eo't- sstruction work. And it is further agreed by and between said parties that the acceptance of the work€ rovfdod dr lu tt i�a contract, or the payment thereof, shall not constitute a waiver on the part of the City 0 KhY of the proves - ions of this contract, nor shall it'rAease said contractor or the sureties an his bond for the fdithfUl perforr;i= ante thereof; nor shall the acceptance be priina facie evidence of the performance of any prt5vfaidti of this contract, except to the extent of entitling the contractor to the contract price therefor. The contractor agrees to pay for all labor and materials used or furnished to be used in the Makiflg of such improvement and in the performance of this contract, whether doile or ftiriiislled for him, or his a.genti assignee, successor or subcontractor; and the oily may reserve out of atily.slldwaitce tiisde On arty tstimate in falor of the contractor or assigns, or out of the anioutit due him or his assigns upon the commpietion of the work, so much: as ma;. -cessary to pay all labores or tiloeriat men for atn6ut31s dtie them lot svock done or. materials used or xuraished to be used in the performance of this 66ritritct and tht doing ot said work, and the e:ounty treasurer, acting as city treasurer, Mxy retain fttotwy eblWtted froth property owners assessed for said improvement to pay such debts or until ff e contractor shores chat they havd. been paid or satisfied ('c, - . c;,> Lo renmu _ all iu'^.: 3i1, earth. and unused material in the stieets or sides there.ot upon the completion of the improvemcrit or the repairing thereof. ° ° The work of making such improvement shall be completed according to the terx ns of this contract on cor beforethe ----------------------------------- ----------------------- ------------------dav of-------------- ------------------- 19.......... unless the time for the completion of the sar-e shalt be ex+erded in writi::g by the Board of Public Works, And it is agreed that any such extension of ti fie. or anv al+ -era` r ion of this crtract or of the manner or meth- od of, doing such worn shall in no way affect t-he duties. ob';gatio-,s or'iabilities of the contractor or his sure ties. It is agreed that the contractor shall- not-.ssi,gn this •; or sub -let the work or any part thereof to be done hereunder, witho;-t the v;ri` en o:._ ^;1 of the Board c; P--blic Works. It is further agreed a:�d stipLda,ed *117,�t contractor shah Eve to residents of said city ar.d county preference in the ernploym .fit of -ll labor necessary in the performance of this contract, and failing to do so, shall forfeit to the city the slim or ten dollars for each faihire to observe this stipulation. And upon the performance of all the terms and conditions of this contract. and things to be done and performed by said contractor the said city agrees to cause the cost cf doing such work to be assessed, col- lected and paid to said contractor in the manner fixed by the statute governing the making of such imprvve- tfients. To each of the conditions and stipulations of this contract, including all and singLular the provisions and terms of the plans, profile, specifications and resolution aforesaid, the. undersigned Inds himself or . itself, and the r�.�r:ective ST'CCCscpr pr p1'— : fir t:• "nc IN TESTIMONY WHEREOF, We, the foregoing named parties, hereunto set, our hands this 26t,h. day of "June 1923. CITY OF SOUTH BEND,. INDIANA TEE WHITE CONSTRUCTION COMPANY BY L. B. SLAUGHTER BY F. J. HERLIHY, Gen. Mgr. ALBERT F. HONER H. B. DETWEILER, Secy. Con-bract,or. .. ..0011STRUCTION IBOND t : _ � :e pre c.-A& That vyti_ T � Y, iLe �o, st,rucl,ion Co. ..... of the-Cowity of _ 3 ... State of_ s§ Pfhwi- pal, acid ir.;�i.A�t '_qt: 't d.4 'Pfdffl•i 1, Guaranty Com and of the, State of........,, ax*J and-------------------------- as sureties; are held and firmly bound to the City of South $end, Indiana, is the sum sf S,� i.hn� sand PRO dr..e_i-gh.1 y__f aur--------.. j_ --. =...7_-N11ars M 79284.0Q, for the payment 'of which; welt and trttly to'be made, we jointly a severally oursel}isrg� b-*_ , executors, adminstrators and assigns, firmly by these presents. The conditions of the obligation are such that if the -above named._ `„reO-- ,mac VJh i..a ('Cln.911 ni.lon Co. --_ -shaft faithfully comply with the foregoing contracts trade and entered into the---- >1 dap of__ __ �.Iune 1923 . ....=.,n ---- —, ��-Y--- - -- r with the City of South Bend, Indtanp and shall fulfill al the conditions and stipulations therein contained, according to the true intent ar_d mea.iing th--eof, in all respects, then this obligation to be void. otherwigo to be and remain in full force and virtue in law. In the eve-.:: the said City shall extend the titne for the completion of said work, such extension shall not in a`iy way release the sureties on this bond, This shall be a construction Fond, and the sureties on the same shall not be held responsible for th@ maintenance and repair of the improvement after it has been accepted by the second party, but such st4fe&s shall be held responsible for the fait'-rul co:unl;ance w::th all o+l,Pr conditions, stin'ttstirms Xnd r#4"fsremR"tc covered by or -set out in the cortrQ,t. bVI 1 NESS' our hands and =ea'.s this ...--------- L. 1iha.:.,--.GAT Un •i,�d.. ,e,ies.-Fid�eliLy...&...............(SEAL,) .. .:WRITZ.....&� Guaranty Company BY F. J. HERLIHY, Gen,' By'-:/-- Do nfaC1,--.......__.........^(5F:1L) �:."B: `-DETWEI:TE',T{;1. 6T�':'( t. . The :, ove and approved this__^_..._ 26: 1 sda June 26th., 1923. Continued. Attest:. The following claims were approved by the Board. W. R. Hinkle $7.00 D. C. Layton , St. Com, 26.25 South Bend Tribune 159.66 F. W. Lucke Co. 253.26 So. Bend Awning Co, 4.75 Peerless Press 19.'Zo S. E. Weaver 151.92 F. M. Patty 5.05 Sinclair.Refining Co. 17.90 News Times Prtg. Co. 72,25 Shaffstall Battery Service 1.50 The pEmulsified Asphalt Co. 152.07 Clerk of the Beaedd. wednesda�r June 27th., 1923. s Pre, .dent. . Board met in regular session at 7:15 P.M. fill Members present. Resolution adopted as follows and ;a fiver approved. SIDEWALK IMPROVEA.ENT RESOLUTION NO. 12296 Resolved by the Board of Public Works of the City of South Bend, St Joseph County, State • of Indiana, That it is deemed necessary to improve ;Division. - Street, Huron Street, Ford Street, Dunham Street, Sample Street, Dundee Street and Camden Street as, follows, to -wit:. Cement curb shall be constructed along both sides of Huron Street from alley E. of Camden -Street to alley west of Dundee Street. Ford Street from alley E. of Camden. St. to alley west of Dundee Street. Dunham Street from alley E. of Camden St, to alley west of Dundee Street. Dundee Street from Division Street to Sample Street. Camden Street from Division Street to Sample Street. On the south side of Division Street. and curb along the north side of -Sample Street from the alley east of Camden Street to the alley west of Dundee Street-, all as is morel psrtddulary shown and all in aeerdanee with the plans, profiles, and detail drawings on file in the office ofthe Department of Public Works of the City of South Bend, Indiana. -in-accordance with the plans, pro -Liles, detg ail dminga @ad apdR o%titma; file 2n the office ,of the Depa�'*-sxzt of the board ' b?i�� `, MY; and such lmprovement> is no^V ordered. The cost ofi said improvement, ixualuding the cant or. stpoot wn� allgv -intersections, shall be assessed upon the read, estate abutting 04 14id -••••.•••.••••••••••.................. ....-•••....-:.s•..•.•.at{ff•{'{1{ff{{'{1t{1.t81t.R :. • • • • • • • • • • • • . . . . . . . . . . . ...... • • • • • • �.• e s •sass • s s s f.• { s s $ s s s s s s s $ st-• go!'* all according to the method- an,-', provided for in an Ae.t of tb@ aej= oral Assembly Of the State of Indiana., en.+•:ita7 ed ".fin Act, Coneornftg ! nj;oj�jAl Corporations appro`req Ygrc,, ',. �:' 1905, and in cca�rdarne; {,,i�th 9:0:d purgil9,A ; t� the ,provisions of al'. a,, -� '-- tcor-%r and ;supplempnt 0. acts thereto pan§ed by. th@ General Assembly of the 6t9te of -indifta.. Assessments, if deferre&9 ar@ to be paid, in ton .equal annual ixistal-Imeents, with interest at the ra,+to of Bix p@V Gent Eder annum. A bond or, bonds shall be iesuea ''to the contractor in pa, @nt Of, auQh work,_ unless the property owners pay said aososoment before. Saidond. bonds are issued.` Under -no c Ircumsta<nces shall the City of South gAdq be. s U held responsible for any sum or sums, due from, said. propp ,�y owner of wM for said work or for the collection of the gam, or far thi va @nt- of ---anytond.r,bonds, certificate or certificates, issued to said ocatraot®r in razz?"-." r